Benefit of the Doubt
by fadedelegance
Summary: Post-"Challenged". Mike and Connie discuss Mike having innocent Pete Devon arrested.


**Disclaimer** **: Dick Wolf and NBC own** _ **Law and Order**_ **. I don't.**

 **A/N** **: So, I'd never seen "Challenged" before—the episode about the Devon family with the four middle-aged sons, one of whom is mentally handicapped and one of whom murdered another because he didn't agree with welcoming the mentally handicapped one back into the family. Remember how the father talked the mentally handicapped one, Pete, into committing perjury by saying HE murdered his brother Rick, when his brother Ted actually did it? And how Mike came up with a strategy to get the father to admit he'd coached Pete into lying on the stand by having Pete arrested for his brother's murder?**

 **Well, when he, Jack, and Connie were discussing their options, and Mike voiced that idea, Connie said, "What kind of pathological lawyer would do that?" because she didn't know Mike had a plan. I was thinking, "What if Mike was actually hurt by that thoughtless remark?" So this fic is based off that line and off that thought I had.**

 **For Dick Wolf, Linus, Alana, and you who are reading this. ~Abby**

 **The Benefit of the Doubt**

After hearing the guilty verdict for Ted Devon, Mike and Connie left the courthouse for One Hogan Place.

Just yesterday, Mike had come up with a plan to get the Devons' father to slip up and admit he'd told Pete to lie on the stand. Pete: his mentally handicapped son whom he'd tossed aside, until just recently, when he thought Pete could be of use to him. Pete had been coached to say that his previous testimony was a lie—that _he'd_ actually killed his brother Rick. The Devons' father had used his "broken" son Pete in an attempt to protect his "normal, unbroken" son Ted.

After that stunt, after Pete had committed perjury, confessing to a murder of which he was not guilty, Mike had ordered that Pete be arrested.

But it was only a ruse to get the real guilty party. Mike would _never_ bully the disenfranchised. He stood with them, stood up for them. He'd made a career out of fighting for the underdog. He would never really throw one of them under the bus. How could he? That went against everything he believed in.

Surely Jack and Connie already knew that about him? Surely they knew he was better than that?

Mike thought they did.

But when he'd brought up his idea, Jack had said, "And I thought I was supposed to be the hard-ass" before leaving Mike's office.

That had gotten to Mike.

But it was what had been said before that that had hurt.

When he'd voiced his plan, Connie had said, "What kind of pathological lawyer would do that?"

Mike had pretended her words hadn't had any effect on him. He'd raised his hand and answered her, saying, "Me" and had then asked her to have Lupo and Bernard arrest Pete.

" _What kind of pathological lawyer would do that?"_

Pathological?

Did Connie really believe he did that to be cruel?

He currently sat in his office, working on the paperwork for Ted Devon's sentencing.

About five minutes later, there came a knock on his door.

"Come in!" he called.

Connie entered his office.

"Hey," she said. "Can we talk?"

Mike arose from his desk.

"Hey. Yeah," he said. "Connie—me having Pete Devon arrested was a set-up. All along, that's what it was—a set-up. You really think I was going to let a mentally handicapped man go to prison for a crime he didn't commit? A mentally handicapped man who was cast out and then manipulated by his own parents?" he said, disbelief in his voice. "You really think I'd let that happen?"

"No—no, I don't, Mike," Connie said, looking him in the eyes. "I don't. Not at all… It was the heat of the moment. I was feeling terrible for Pete. I was furious that his father used him and that his brother was about to get away with murder. I just couldn't believe that a family would do that one of their own just because he's mentally handicapped. And that's just an explanation, not an excuse. I should not have said that. I wish I hadn't. Mike, I'm so sorry. You're absolutely right, I should know you better."

A pause came as they looked at each other.

"I wasn't thinking clearly when I said that," Connie then went on, continuing to look him straight in the eyes. "You're not pathological, Mike—not at all. You're a good man. And that is honestly what I believe. Again, I'm sorry."

"Emotions were running pretty high during this case, weren't they?" Mike said.

"Definitely," Connie agreed. "All murders are senseless, but this particular murder is the most senseless one I've ever heard of, let alone prosecuted…Ted Devon murdered Rick, his own brother, just because Rick wanted to welcome their mentally handicapped brother Pete back into the family. That was it. It wasn't about money or someone knowing too much or extortion—none of the usual motives we see. Ted murdered Rick just because Rick wanted to treat Pete like a human being—like a brother. Just because Rick wanted the whole family together…"

She shook her head.

"You're right. You're absolutely right," Mike said. "This is the most senseless murder I've ever heard of, too…"

"It was rough on all of us," said Connie. "I shouldn't have taken my anger out on you…Is everything all right between us?"

"Yeah," Mike said softly.

Connie smiled at him.

"I think we could both use a drink," she said. "My treat."

"I'd like that," Mike said, smiling back at her. "Thank you."

"Of course!" said Connie.

With that, Mike grabbed his coat and briefcase, and the two of them left his office together, so Connie could grab her things from her own office before they left for a bar.


End file.
